Often, government contracting agencies take corrective action when contractors file a GAO protest. Taking corrective action mainly takes away jurisdiction from the court to hear the case. A recent GAO protest case illustrates mistakes made in a GAO protest for corrective action. In that bid protest, the protestor argued that after… Read more »

Sometimes when the US Court of Federal Claims rules adversely on a motion for judgment upon the administrative record in bid protest, you can appeal the decision to the US Court of Appeals for the Federal Circuit. There are many cases where the Federal Circuit Court of Appeals has reversed… Read more »

Protesting an agency’s technical proposal evaluation and management evaluation factors, and ultimate source selection decision can be problematic you do not show that the Source Selection Board acted unreasonably or failed to follow the RFP requirements. Technical Proposal Evaluation of Management Factors In a recent GAO protest, for example, the… Read more »

When the government issues a termination of contract for default for default, preserving your rights to appeal is one of the first things that a federal contractor must consider. What are your options? If you want to termination of contract decision to be completely overturned, you may want to ask… Read more »

Lawyers Appealing from COFC Federal Claims Protest Decisions to the Court of Appeals for the Federal Circuit In a recent case, the United States Court of Appeals for the Federal Circuit reversed a bid protest decision from the Court of Federal Claims  because the appellant had failed to first exhaust… Read more »

On of the most under-utilized tools in federal government contracting is the Native American  Indian Incentive Program (IIP). This program is sponsored by Congress and allows for a 5% rebate back to prime government contractors on amounts subcontracting to Native American Indian-Owned Companies. The Indian Incentive Program can reward federal… Read more »

When it comes to responding to federal government proposals, agencies must be clear on what they want the general public to bid on. The issue of the meeting the ambiguous definition often comes up in a government bid protest. The definition of ambiguous in a government RFP occurs then two… Read more »

Assignment of contract decisions when there is a purchase and sale agreement involving a company that has existing government contracts should be met with caution. Although FAR 42.12 allows the buying and selling parties to execute a novation agreement due to an asset purchase or stock sale, companies should still… Read more »

When submitting a bid for federal contractors, offeror representations and certifications (proposal’s reps and certs ) can become a serious issue. Bidders are sometimes sanctioned with false claims and potential suspension and debarment when submitting proposals to the federal government.  Failure to perform due diligence with your company reps and… Read more »

Part of a bidder’s government proposal writing efforts is to make sure that it follows the bid submission directions in the solicitation. As obvious as this may sound, companies have been known to make mistakes and cause their proposals to be rejected by the contracting agency. In a recent case,… Read more »